Practice Common-placed: Or, the Rules and Cases of Practice in the Courts of King's Bench and Common Pleas, Methodically Arranged, Volumes 1-2W. Strahan and M. Woodfall, 1780 - Civil procedure |
From inside the book
Results 1-5 of 8
Page 12
... suing out an habeas corpus to bring the defendant into court , and does not take away the plaintiff's common law right to remove him . Dr. Bet- tefworth v . Bell , Efq . Burr . 4 pt . 1875 . But note , fuch hab . corp . must be tefted ...
... suing out an habeas corpus to bring the defendant into court , and does not take away the plaintiff's common law right to remove him . Dr. Bet- tefworth v . Bell , Efq . Burr . 4 pt . 1875 . But note , fuch hab . corp . must be tefted ...
Page 32
... sued out , and the warrant thereon lodged with the gaoler . If a prisoner surrender , after judgment in discharge of bail , he must be charged in execution in two terms after render , except a writ of error is brought , or there is an ...
... sued out , and the warrant thereon lodged with the gaoler . If a prisoner surrender , after judgment in discharge of bail , he must be charged in execution in two terms after render , except a writ of error is brought , or there is an ...
Page 93
... suing out execution upon it , which was intended to prevent a furprize upon the defendant , ought not to be taken advantage of by a defendant , who was fo far from be- ing furprized by the plaintiff's delay , that he himself had been ...
... suing out execution upon it , which was intended to prevent a furprize upon the defendant , ought not to be taken advantage of by a defendant , who was fo far from be- ing furprized by the plaintiff's delay , that he himself had been ...
Page 136
... sued by original writ , and not by bill of privilege ; and thereupon , there was a demurrer and joinder . On the argument of which , the court relied on the cafe of Say against lord Byron in that court , a few years before , and awarded ...
... sued by original writ , and not by bill of privilege ; and thereupon , there was a demurrer and joinder . On the argument of which , the court relied on the cafe of Say against lord Byron in that court , a few years before , and awarded ...
Page 137
... sued there by original bill and fummons thereon . All the fubfequent proceedings to the declaration against a peer or privileged perfon are the fame as in other cafes , ex- cept that their bodies cannot be taken in execution , unless ...
... sued there by original bill and fummons thereon . All the fubfequent proceedings to the declaration against a peer or privileged perfon are the fame as in other cafes , ex- cept that their bodies cannot be taken in execution , unless ...
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Common terms and phrases
affidavit affign errors aforefaid alfo allocatur appear arreft attorney audita querela awarded bail Barnes becauſe bill brought cafual ejector caſe cauſe certiorari clerk cofts cuftody damages debt declaration delivered demife difcharged ejectment entered execution executor facias againſt faid A. B. faid court fame court fcire feal fecond feire facias fendant ferved fhall fheriff fhew caufe fhould figned filed firft fome ftatute ftay fuch writ fued fufficient fuggeftion fuit fummons fuperfedeas habeas corpus hath himſelf iffue inferior court judges judgment juftices King's Bench latitat leffor lord of parliament lord the king ment Middlefex motion muft muſt nonfuited otherwife outlawry parliament party perfon plaintiff in error plea plead prefent premiſes prifoner privilege procedendo proceed Proceeding in Error profecute prohibition put in bail quare Raym record recover replevin reverfed rule ſaid Salk ſhall Stra ſuch tenant in poffeffion term thereof verdict Vide writ of error